On 31st day of January 2019, President U Win Myint signed the Myanmar Trademark Law at the Pyidaungsu Hluttaw Thursday, approving the most anticipated piece of legislation in the country this year.
There are 106 sections in the enacted Myanmar Trademark Law,a vital key to protecting domestic & international trademarks and encouraging foreign direct investment in Myanmar.
This Trademark Law has introduced the first-to-file framework as an effort to align with the international standards.
According to the Trademark law, the trade mark registration process in Myanmar shall be much the same international trademark laws procedures.
Under the provision of section (34) of said trademark law, the mark shall be protected for a ten (10)year period from the date of application, and this term can be renewed perpetually every 10 years for further 10-year periods.
Registered trademarks under current practice which have been recorded at the Office of the Sub-Registrar of Deeds and Assurance under the current first-to-use system will not be automatically protected under the new first-to-file system and shall be re-register under the provisions of new law.
Under said circumstances, that registrants of the current recorded trade marks in Myanmar shall re-register.
It is therefore critical period for the registrants of the current recorded trade marks in Myanmar re-apply for their marks at the earliest possible date when the new Trademark regulation comes into effect in order to be protected under the new trade mark regime.
Newly enacted, Myanmar’s very first Trademark Bill is silent on whether there is a transition period during which such registered marks would remain valid for the registrants to prepare to re-apply for their marks, or whether there is any special examination procedure applicable to such re-applied marks.
Section (77) and(79) of newly enacted Myanmar Trademark law stated that, rights owner can be claim under Civil nature to regain its remedies.
International trademark owners shall consider and made preparation to maintain their trademark portfolio management in Myanmar to re-register their marks and file other new marks once the new Trademark regulation comes into effect.
Biz Law Consult Myanmar will monitor and update on any developments here and are available for assistance, provision of an opinion and guide line for over protective for both domestic and international trademark owners.